Part 3 of the Code of Administrative Offenses of the Russian Federation, a driver who drives a car while intoxicated and does not have the right to drive a car (including those deprived of a license), if his actions did not lead to criminal acts, is brought to administrative responsibility. This is an arrest for 10-15 days.
Reference! If the arrest cannot be applied, then an administrative fine in the amount of 30 thousand rubles is imposed on the person.
You can find out more about the punishment for drunk driving at, and you can read about what the fine is for transferring control of the vehicle to a person in a state of intoxication.
Repeated violation
What punishment threatens a driver who was driving a car without a license, while intoxicated, for a repeated violation of traffic rules?
In case of repeated violation of the ban on driving without a license, after deprivation for drunkenness, a person is held criminally liable on the basis of Article 264.1 of the Criminal Code of the Russian Federation, since he is regarded as a potential killer.
A person who drives any transport in a drunken state and was previously deprived for drunkenness, or who has a criminal record under parts 2, 4 or 6 of article 264 of the Criminal Code of the Russian Federation or article 264.1, at the discretion of the district judge (according to N 509-FZ of 12/27/2018) is punished:
- a fine in the amount of 200 thousand to 300 thousand rubles;
- a fine in the amount of wages (other income) of the convicted person for a period of 1 to 2 years;
- compulsory work for up to 480 hours;
- forced labor for up to 2 years;
- imprisonment for up to 2 years.
Reference:
- Part 2 Art. 264 of the Criminal Code of the Russian Federation - a traffic violation committed by a citizen in a state of intoxication, which led to the infliction of serious harm to human health.
- Ch. 4 Art. 264 of the Criminal Code of the Russian Federation - violation of traffic rules while drunk, resulting in the death of a person through negligence.
- Ch. 6 Art. 264 of the Criminal Code of the Russian Federation - violation of traffic rules by a person in a state of intoxication, which negligently caused the death of two or more persons.
Refusal to testify
The traffic police inspector, having stopped a citizen who, in his opinion, was driving a car while intoxicated, is obliged to conduct an examination for alcohol intoxication. This is done on the spot with a breathalyzer. The permissible dose of alcohol in concentration is up to 0.16 milligram absolute ethyl alcohol per liter of exhaled air.
Any citizen has the right to refuse to undergo this procedure.. This does not serve as a reason for depriving him of the right to drive transport.
In cases where the test for alcohol intoxication showed that the driver is drunk, or the person driving the car refused to undergo this procedure, a medical examination procedure is prescribed (for the state of alcohol and drug intoxication). This is done with a blood test. The permissible dose of alcohol in the blood is less than 0.3 mg of ethyl alcohol per 1 liter of blood.
Legislatively, any citizen has the right to refuse a medical examination for intoxication, which is carried out in a specialized institution. However, this automatically equates to his pleading guilty to the offence.
You can find out more about the driver's refusal of a medical examination.
Disputes on the road
In cases of contentious issues, a citizen can appeal in court the deprivation of a driver's license. Such contentious issues include:
You can also appeal against the drunkenness report by passing an independent test for intoxication in a third-party laboratory within a few hours after the medical examination.
The results must indicate that no traces of ethyl alcohol and prohibited substances were found in the driver's blood. It happens that the driver is detained near the vehicle, which he did not drive, but simply drank alcohol in it.
In such a situation, you will have to find witnesses who can confirm that the citizen was in a parked car in the parking lot. Also, as evidence that the citizen did not drive that day, there may be a video or photographic recording of the vehicle.
The act from the service station that this car could not physically drive for objective reasons serves as a weighty argument in court in favor of the accused driver.
How can a traffic police inspector prove guilt?
The traffic police inspector can prove the guilt of the offender by conducting an examination procedure in accordance with all the rules and norms of the law. Everything that happens is recorded on video or is under the supervision of 2 witnesses.
- Remove the driver from transport management by drawing up a protocol (Article 27.12, part 3 of the Code of Administrative Offenses).
A copy is given to the driver. The driver may not sign the protocol, this is indicated without fail.
- Invite the driver to pass an alcohol test on the spot.
The inspector must record in the protocol the number of the equipment and its brand, the data of the check and the certificate. Upon request, provide them to the detainee. In case of refusal to check, the inspector proposes to conduct an examination in a medical institution. It is illegal to deprive people of their rights for refusing to be tested by a breathalyzer.
- In the presence of the tested person, remove the breathalyzer tube from the individual packaging.
Instrument data should be displayed both on an electronic display and on paper.
- Familiarize yourself with the results of the citizen.
- Draw up an examination certificate for the state of alcoholic intoxication, which indicates the result and must contain the signatures of attesting witnesses and the exact dates.
Reference! If the indicator is more than 0.16 mg / liter of air and the driver agrees, then an administrative offense report is drawn up and the case is referred to the court. If the driver does not agree, then he is sent for a medical check.
- Medical examination is reflected in a special act in 3 copies and recorded in a special journal. A medical check of the driver does not require video recording and the presence of witnesses.
If all the points are met, the data is reflected in the protocol correctly, then the inspector proved the offense under the law.
Requirements for PPMO
PMMO is a mobile medical examination station. Requirements:
The penalties for driving without a license, especially when drunk, are quite severe. A repeated violation is regarded as a criminal offense. Proving your innocence is quite difficult, so you should take this act with all responsibility.
Remember that by not driving drunk, you may save someone's life.
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The term is quite large. And the temptation to drive in this state is great for many. However, citizens who find it difficult to wean themselves from driving their car should know what threatens the violator if he decides to drive without a driver's license. There are two options here:
- The driver, who was caught not sober and deprived of his license for this, got behind the wheel again.
- The violator, who had already been stripped of his driver's license for drinking, got behind the wheel again, being not sober.
What is the penalty for driving without a license?
It is forbidden to drive a car without having the documents established by clause 2.1.1 of the SDA. Mandatory documents for the driver are:
- A certificate or alternative is a temporary permit that can be issued if there has been a loss, theft of the license or the driver still has not taken the license after the deprivation.
- Registration documents for cars.
- OSAGO policy.
The driver must make sure that they are available before he starts moving.
Note! Driving a car without a license is an offense under Art. 12.3.1 of the Code of Administrative Offenses for which punishment is provided - a fine of 500 rubles.
If a citizen has rights, but simply forgot them at home, lost or otherwise lost his document, while the driver is sober and not deprived of the right to drive, he will be removed from driving, but this does not cancel his right to transfer control to a person who has a driver's license .
Getting behind the wheel of a car without a license, if before that the driver was deprived of them for drunk driving, is doubly dangerous.
Having stopped the vehicle, the driver of which was driving without the documents specified in the law, the traffic police inspector will check whether the driver received a certificate. And if during such a check it turns out that he was previously deprived of his rights, then the punishment is completely different. It is established by Part 2 of Art. 12.7 of the Code of Administrative Offenses of the Russian Federation:
- Administrative fine (its amount is 30,000 rubles).
- Arrest up to 15 days.
- Corrective labor for a period of 100-200 hours.
If the traffic police establish that the control of the car was transferred to such a person, then the owner of the car will face a fine in the same amount.
Important! In order to prosecute a person who drove a car without a license and impose a punishment on him, there must be a court order by which he was deprived of his rights.
Drunk driving after disqualification
In July 2015, Law No. 528 came into force, strengthening responsibility in the field of road safety. In particular, another article 264.1 was added to the Criminal Code of the Russian Federation, which determined what would happen to citizens who were caught drunk driving if the period of deprivation of rights for this violation had not passed.
It provides for the following sanctions:
- Fine from 200,000 to 300,000 rubles.
- Corrective labor, which will have to be carried out up to 480 hours.
- Prohibition to engage in certain activities for three years.
- Forced labor that can last up to 2 years.
- Imprisonment up to 2 years.
Investigators of the internal affairs department investigate such cases, and district courts consider them (Articles 31,150 of the Code of Criminal Procedure of the Russian Federation).
Thus, a drunk driver at the wheel, while previously deprived of his license for the same violation or refusing to undergo a medical examination, is the subject of a criminal offense.
The presence of a criminal past in such a person is another reason to toughen the punishment. In addition, guilty drivers will additionally be deprived of their rights for 3 years.
Procedural subtleties
Persons who find themselves in a similar situation may be interested in some of the procedural nuances of this procedure. For example, how to drive if the protocol was drawn up, but the rights have not yet been taken away.
In this case, you should know that the traffic police inspector does not deprive the driver of his rights, this is the competence of the judicial authority. First, the materials of the case are collected, which are sent to the court. After that, a court hearing is scheduled, at which the court considers them and makes a decision. After it comes into force, the violator will have a period to appeal to a higher authority (10 days).
Can you drive if you have lost your license? Until the appeal period expires, a potential violator can still drive a car legally.
Note! If the violating driver, before the deprivation order takes effect, re-drives drunk, he will face double punishment.
In this case, he will lose his rights twice, and the terms of deprivation are summed up in accordance with the requirements of Art. 32.7 of the Code of Administrative Offenses. However, the repetition of the violation in this case will not occur, and, consequently, criminal liability will not occur.
Another procedural subtlety should be taken into account. The terms of administrative punishment and deprivation of rights may not coincide, and therefore, when taking away rights after the expiration of the period for which they were withdrawn, it should be remembered that the administrative punishment is still ongoing. Repeated violations within this period will result in criminal liability.
Getting out of this situation is quite simple - in order not to expose yourself to the risk of criminal liability, you should not drive while intoxicated!
Important! The materials of the criminal case must contain a copy of the decision on the imposition of an administrative penalty, which must contain a mark on its entry into force. In addition, information should be contained on the execution of an administrative penalty and whether the statute of limitations was interrupted during its execution (Article 31.9 of the Code of Administrative Offenses).
Is it possible to return the rights after they have been taken away? There is no legal way to return them after a court decision and the end of the appeal period. There is only one way out - to wait until the term of deprivation ends. It is better after the full expiration of the sentence and never again drive in this form. All other workarounds are outside the legal field.